Rs 916.443.13 Order Of 27 August 2008 Regarding The Importation And Transit Of Animal Products By Air From Third Countries (Oitpa)

Original Language Title: RS 916.443.13 Ordonnance du 27 août 2008 concernant l’importation et le transit de produits animaux par voie aérienne en provenance de pays tiers (OITPA)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
[916.443.13] Ordinance on the import and transit of animal products by air from third countries (OITPA) on August 27, 2008 (status on 1 July 2015) the Swiss federal Council, view the art. 37 of the Act of 9 October 1992 on foodstuffs, view of art. 25, al. 1, of the Act of 1 July 1966 on animal diseases, see annex 11 of the agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products (hereinafter Agreement), stop: Section 1 provisions general art. 1 purpose this order sets requirements that must fill in animal products from third countries and the terms of control of these products at the time of their importation or transit by air.

Art. 2 definitions the terms used herein are defined in the Ordinance of 18 April 2007 on the import, transit and export of animals and animal products.

RS 916.443.10 art. 3 scope of application this order applies to the importation and transit: a. animal seed, no fertilized ovules and embryos; b. food of animal origin; c. food containing a part of the food of animal origin; d. of ABPS; e. hay and straw. ETF. other substances likely to be vectors of diseases.

The federal Department of Home (Affairs FDHA) defined foods containing a part of the food of animal origin and the other substances likely to be vectors of diseases.
Unless the Ordinance provides otherwise, the Ordinance of 18 April 2007 on the import, transit and export of animals and animal products apply.
This order, except art. 13, does not apply to importation or transit of food of animal origin served aboard airplanes.

The name of the administrative unit has been adapted to 1 Jan. 2013 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.
RS 916.443.10 art. 4. person subject to the obligation to declare the person subject to the obligation to report must: a. announce batches to control the veterinary service of border by fax before arrival; b. inform the permanence of the border veterinary Service of the airport by telephone about the arrival of the lots before the landing of the aircraft, if the lots arrive outside the hours of clearance of the border veterinary Service; c. bring lots to the border veterinary Service for the control by complying with his instructions; d. provide the required documents to the border veterinary Service; e. to facilitate the work of the Veterinary Service of border in him presenting itself to control batches and using them when the control is finished; ETF. give instructions to the border veterinary Service responsible persons.

Art. 5 handling agents handling agents mandated by the airport operators are assimilated to persons subject to the obligation to declare.
They must pass the veterinary service of border, on request, the manifests of cargo planes, air waybills and complementary print and electronic documents.
The operators of the airports communicate to the federal Office of food safety and Veterinary Affairs (FSVO) the name and address of the authorized handling officials and inform the latter of the obligations that their responsibilities under the al. 1 and 2.

The name of the administrative unit has been adapted to 1 Jan. 2014 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 6 obligation to inform the handling agents are required to give the information and supporting documents prescribed by this order to the border veterinary Service within the time limit.
If it's lots set out in art. 18 and 19, the airline carrying them shall send the information and supporting documents required for handling agents within the fixed time.
For all other lots, the importer or forwarder acting on its behalf is required to submit the information and supporting documents required for handling agents within the fixed time.

Art. 7 postal items transported as part of the universal service post is required to present the lots subject to veterinary control at the border of a border inspection post approved veterinary Service before the customs declaration required by the procedure of customs tax.
The obligation to announce lots before their arrival, referred to in art. 4, al. 1, let, does not apply.
The FSVO may issue charges to secure the transport and intermediate storage of the lots.

Art. 8 imports and transits with special charges special charges, set out in paragraphs 2 to 4, are applicable to import and the transit of the following lots: a. the animal products that must be imported with a specific health certificate; the DFI is these animal products; b. batches that have been the subject of samples and the results of which are not yet known at the time of the departure of the lot; c. the lots subject to control of hygiene and looking for foreign substances in the game under art. 26; d. batch re-imported in application of art. 12; Oue. lots intended for Member States or regions subject to special conditions prescribed by the law of the European Community.

The lots for the territory of import are released by Customs but with load have to be announced within three business days of their release by the Veterinary Service of border in accordance with art. 9, al. 4. the lots intended for a Member State of the European Union must be carried under the T1 procedure, defined in art. 2, no. 2, of the Convention of 20 May 1987 on a common transit procedure.
The border veterinary Service informed by Traces the competent control authority: a. of the country of destination, if the company is located in a Member State of the Union European; (b) the County of destination, if the company is located in the territory of importation; in this case, it informs the Authority also by electronic mail; OUC. of the border inspection post of the Member of the European Union countries a batch referred to in art. 23 going to this post without having been fully controlled by the border veterinary Service.

The border veterinary Service shall inform the administration of the customs of each batch with special charges.

SR 0.631.242.04 art. 9 companies of destination of imports with special charges businesses of destination of the batch referred to in art. 8, al. 1, let. a must hold an authorization issued by the competent cantonal authority.
The cantonal authorities shall communicate the name and address of companies allowed to the FSVO.
The FSVO publishes the list of authorized companies and forward it to the European Commission.
The destination company should communicate the arrival of the batch to the competent cantonal department within three working days following his release by the border veterinary Service.
If the destination company missing its obligation to announce the arrival of the batch, the cantonal authority may withdraw its authorisation and appropriate against sanctions.
The cantonal authority informs: a. the border inspection post who communicated the departure of the arrival of this last batch destination, by Traces within 15 calendar days after release. In case of technical problems, this communication can be made by e-mail; (b) the Customs office concerned in respect of charges or delays of the lot, by e-mail or fax, normally within 15 working days following his release.

Section 2 import art. 10Conditions to import animal products must come from countries or specially designated regions and businesses approved by the European Community, insofar as it requires an approval issued on the basis of the provisions of the law on animal diseases and food. The FSVO publishes the list of the countries and companies registered on the Internet.
Animal products intended for human consumption must come from countries that have a national residue research agenda approved by the European Community to the category of food in question.
Businesses of origin must meet the conditions set by the Swiss law on animal diseases and food.
The origin of animal products and the respect of the conditions must be confirmed in the certificate prescribed by the law of the European Community.
The DFI publishes the references of the legislative texts adopted by the European Community concerning:

a. the country and specially designated areas where the importation of animal products is allowed, including the safeguard measures to be taken; b. certificates; etc. programmes approved search of residues in food.

If legislation or changes to legislative texts referred to in para. 5 concern minor technical details, references may be published by the FSVO.
The pre-announcement of the lots must be performed in accordance with art. 25, al. 1-3.

RO 2008 4869 www.blv.admin.ch > Themes > International Affairs > import art. 11Viande, meat preparations and products of meat from States that do not prohibit the use of hormones as performance boosters meat within the meaning of art. 1, al. 1, let. a, of the agricultural order of 26 November 2003 on the declaration (OAgrD) from States whose legislation does not have a ban from using hormones as stimulators of performance in the production of meat which is equivalent to that attached to the art. 2, al. 4, let. a, point 1, OAgrD, can be imported: a. in the case of beef registered under the numbers of the tariff 0201.2091, 0202.2091, 0201.3091, or 0202.3091; b. If meat is sold exclusively for consumption in the Swiss customs territory; etc. if importers and their customers guarantee to the customs administration the Let's respect. b and the al. 4 to 6 by signing an employment commitment; the art. 2, let. c, 6-8, and 23 to 25 of the order of the FDF of 4 April 2007 on customs reductions apply by analogy to the import procedure and controls.

The meat may be imported only through border inspection posts of the airports of Zurich and Geneva.
When the lots arrive in Switzerland, a statement in one of the official languages or in English must be affixed on the packaging in accordance with the art. 3 and 5 OAgrD.
The statement referred to in art. 3-5 OAgrD must be affixed in an official language on every first envelope that is in contact of meat at the latest when the lots arrive in the first establishment of destination.
The parties and the slices obtained when cutting or meat defined in para dressage. 1, cannot be transferred directly to the consumer by retail companies. They shall be provided with the declaration referred to in para. 4. meat can be transformed into meat preparations or meat based products if these preparations or products are transferred directly to the consumer by retail companies.
The parties and groups which are not used in accordance with the al. 5 and 6 must be eliminated as animal by-products of category 3 in accordance with the provisions of the Ordinance of 25 May 2011 on the disposal of animal by-products (OESPA).
It is forbidden to carry in the Member States of the European Union meat imported into Switzerland under para. 1. the al. 1 to 8 do not apply to accompanied by a health certificate that is recognized by the European Community lots.
Meat preparations and products to meat from States whose legislation does not recognize a ban from using hormones as stimulators of performance in the production of meat which is equivalent to that attached to the art. 2, al. 4, let. a, point 1, OAgrD, may not be imported unless the batch is accompanied by a health certificate that is recognized by the European Union.

New content according to section I of the O from 8 Apr. 2009, in force since May 1, 2009 (RO 2009 1569).
RS 916.51 new content according to section II of the O of 20 may 2015, in force since July 1. 2015 (2015 1827 RO).
RS 631.012 RS 916.441.22 new content according to ch. II 7 of Annex 8 to the O on 25 May 2011 for disposal of animal by-products, in effect since July 1. 2011 (2011 2699 RO).
New content according to section II of the O of 20 may 2015, in force since July 1. 2015 (2015 1827 RO).

Art. 12 reimportation of repressed lots the re-importation of a lot turned back by a third country is authorized by the border veterinary Service if the package comes with: a. an original certificate or its certified copy prepared by the authority which has repressed it and stating the reasons for the discharge; the certificate must certify that the conditions of storage and transportation of animal products have been met and that the products have not been no treatment; forgotten the source. a certificate of the carrier in the case of sealed containers, certifying that the content had no treatment and has not been unloaded.

The lot must be announced to the veterinary border control Service and be transported into the company of origin indicated on the export certificate respecting the charges referred to in art. 8 art. 13 food served in-flight food of animal origin for the supply of staff and passengers on board aircraft operating at the international level, as well as food waste, must continue their journey on the same aircraft or be eliminated in accordance with art. 13 OESPA.
The control of the compliance with the provisions of the OESPA is the responsibility of the competent cantonal authority.
Businesses serving food on planes transmit a file to the FSVO which describes the elimination channels authorized by the canton. Any changes to the process set out in the record must be communicated without delay to the FSVO.

RS 916.441.22. Currently, see art. 21 art. 14 samples to commercial use and samples to analyze the FSVO may authorize the importation of animal products that do not meet the conditions set out in art. 10 for the payment of certain charges and provided that these products are used: a. as samples to commercial use or for exhibitions, forgotten the source. for special studies or analyses.

Animal products referred to in para. 1 should not be used for other purposes than mentioned in the authorization. It is forbidden to use for human food.
After consultation with the competent cantonal authority, the FSVO sets the terms of re-export of these products to a third country or their disposal in accordance with the provisions of the OESPA.
The FSVO informs the competent cantonal authorities of the authorisations it has issued. These authorities check the respect of the charges.

SR 916.441.22 art. 15 import in passenger traffic the DFI set conditions for importation of animal products from third countries in passenger traffic.
The FSVO shall inform travellers.

New content according to section I of the O from 8 Apr. 2009, in force since May 1, 2009 (RO 2009 1569).

Art. 16 lots intended for private individuals art. 15 applies by analogy to batches of foodstuffs of animal origin or containing a part of food of animal origin coming from a third country and sent to an individual domiciled in the territory of importation.

Section 3 Transit art. 17 lots intended for a Member State of the European Union, the transit of the lots from a third country and intended for a Member State of the Union European is governed by art. 10, al. 2, 4 and 5, and by the art. 14-16.
If batch continue their road in a wagon or a road transport vehicle, they must meet the conditions applicable to imports.
The transit of the lots for a member country of the European Union and who pursue their route by air without be transhipped in a wagon or a road transport vehicle is also governed by the al. 4 to 7.
The pre-announcement of the lots must be performed in accordance with art. 25, al. 1 to 3; If it is expected that lots are transferred to a plane in another, also indicate time of transshipment and storage possible on the official site.
If lots are more than 12 hours at the airport, they must be routed in the premises of the border veterinary Service and presented to the latter for veterinary control.
They should not leave the airport perimeter bounded by the Customs Administration.
If transshipment is performed more than 12 hours after the plane landed, the handling subject to the obligation to report company shall inform without delay the border veterinary Service. She must inform him a second time if the batch remains more than 48 hours at the airport.

Art. 18 batches that pass through a State member of the European Union to a third country transit lots from a third country and pass through a Member State of the European Union destined to a third country is governed by art. 10, al. 1, 4 and 5, and by the art. 14-16, if reasons of Epizootics police warrant.
The pre-announcement of the lots must be performed in accordance with art. 25, al. 1 to 3; If it is expected that lots are transferred to a plane in another, also indicate the transhipment time and place of any storage on the official site.
The transit of the batch is allowed:

a. If the batch comes from a third country from which importation is not prohibited for reasons of police of Epizootics; (b) if the person subject to the obligation to declare is committed to return to the batch and send them in the country of origin in the case of refoulement; c. If that person presents a certificate providing health guarantees, for as much as this certificate is required. The FSVO publishes a list of certificates on the Internet.

The lot should not be submitted to the Veterinary Service of border for a physical check: a. If it is transhipped to a plane in another within 12 hours following his arrival without leaving the official site; forgotten the source. If it is not unloaded from the plane.

If transshipment is performed more than 12 hours after the plane landed, the handling agents are required to inform without delay the border veterinary Service, to deliver the batch in the premises designated by this service and to introduce him to the veterinary control.
The batch does not leave the perimeter of the airport delineated by the Customs Administration, unless he was released, and if he continues in a wagon or a road transport vehicle.
The batch must leave the territory of importation, the Norway and the countries of the European Union within 30 days via a border inspection post. Its routing to the post, in a car or a road transport vehicle, must meet the following conditions: a. take place without transshipment and splitting in vehicles or containers sealed by the authorities. ETB. be subject to customs supervision.

Art. 19 lots sent directly in a third country the transit of the shipped lots of territory to import directly in a third country is governed by art. 18, al. 1 and 3 to 6.
The FSVO sets the terms of the pre-announcement of the lots in a technical directive.

Section 4entrepots customs, Frank deposits under Customs and operators who directly supply maritime transport systems in animal products for purposes of supply art. 20 can be stored in open customs warehouses or bonded francs deposits located on the territory of import that batch controlled and released by the border veterinary Service. These lots may be later put into free circulation without having to be again controlled by the border veterinary Service.
If the lots will be stored in a free zone, a free deposit bond or a customs warehouse located in a Member State of the European Union, art. 12 of directive 97/78/EC of the Council of 18 December 1997 laying down the principles for the Organization of veterinary checks for products from third countries introduced into the European Union applies.
If the lots are intended for an authorized operator resident in the European Union within the meaning of art. 13, al. 1, let. a, of directive 97/78/EC of 18 December 1997, the art Council. 12 and 13 of the directive apply.

Official Journal L 24 of the 30.1.1998, p. 9 Section 5 controls and measures art. 21 border veterinary controls the handling agents are required to submit batches to veterinary control at the location designated by the border veterinary Service.
The FSVO can reduce the frequency of physical checks of animal products when imported in accordance with the provisions of decision 94/360/EC.
If they meet the conditions of import or transit, the lots are released by the border veterinary Service.

Decision 94/360/EC of the Commission of 20 May 1994 on the reduced frequency of physical checks of batches of certain products on import from third countries on the basis of directive 90/675/EEC of the Council, OJ L 158 of the 25.6.1994, p. 41.

Art. 22 lots for the territory of import lots intended for the territory of import should be documentary control, control of identity and physical control.

Art. 23 lots intended for a Member State of the European Union the lots intended for a Member State of the European Union must be a documentary check, a check of identity and physical control: a. If they stay more than 48 hours at the airport; b. unless they are matched with charges referred to in art. 8; OUC. If they leave the airport and continue their journey in a road vehicle.

If the lot is more than 12 hours but less than 48 hours at the airport, the border veterinary Service checks a documentary. It can perform an identity check and a physical check if these controls are necessary for reasons of animal health, food safety or animal welfare.
If the batch is on the plane or at the airport less than 12 hours, the border veterinary Service may carry out a documentary check, an identity check and a physical check if these controls are necessary for reasons of animal health, food safety or animal welfare.
The border veterinary controls of the batches referred to in paras. 2 and 3 is made in full at a border inspection post approved in the country of destination.

Art. 24 lots for a third country lots from a third country and intended for one other third countries are subject to a documentary check and identity check by the border veterinary Service.
The control is limited to a check of cargo manifest: a. If the batch is transferred aircraft in another within 12 hours without leaving the official site; forgotten the source. If the batch remains on board the aircraft.

The lots in transit referred to in para. 2 can be controlled by the border veterinary Service by survey and suspicion of violation of the legislation on animal diseases, the protection of animals or the food.
A documentary check, an identity check and a physical check are mandatory if the batches leave the airport and continue their journey in a road vehicle.

Art. 25 the common veterinary entry document (CVED) CVED must be fully completed for each batch that must be controlled by the border veterinary Service. Part 1 of the document must be completed electronically in the Traces system by the person subject to the obligation to report, other parties, by the border veterinary Service. Do not fill CVED for batch referred to in art. 19, al. 1 in the case of fish or fish products for the personal use only individuals, part 1 of the CVED may be filled out on paper if the net weight of the batch does not exceed 30 kg.
The person subject to the obligation to report passes part 1 of the CVED to the Veterinary Service of border by fax before the arrival of the batch. This transmission is the pre-announcement lot.
The border veterinary Service: a. fills part 2 and the other required parts of the CVED and signs them once the border veterinary controls is done; b. captures the data of the CVED in Traces. etc makes the CVED to the person subject to the obligation to report it back to the Customs Office.

The Customs Office makes the CVED to the person subject to the obligation to report after the Customs taxation.
The CVED accompanying the lot until the business of destination mentioned on the CVED, located in territory of import or in the European Union member countries. He mentions the treatments that the batch has undergone, if this information is required.
If the batch continues its road to a third country, the CVED accompanies him to the external border of the European Union, unless the batch is routed directly from Switzerland in the third country.
In the case of storage of the lot in an open customs warehouse or a free deposit under customs territory of importation, the CVED must be presented to the office competent customs.

New content according to chapter I of the O of 9 may 2012, in force since June 1, 2012 (RO 2012 2863).
New content according to chapter I of the O of 9 may 2012, in force since June 1, 2012 (RO 2012 2863).

Art. 26 game not stripped naked game control and not plucked wild birds should be the subject of self-control on the part of the business of destination in accordance with the order of 23 November 2005 on the slaughter of animals and control meats as well as official veterinary control.

SR 817.190 art. 27 control by the bureau of customs if the Customs offices are finding as set out in art. 15 and 16 do not meet the conditions laid down in annex 4 of the order of 16 May 2007 on the right controls, they will confiscate them.
The FSVO organizes the elimination of the batches confiscated in respecting the provisions of the OESPA.

RS 916.443.106 new content according to section I of the O from 8 Apr. 2009, in force since May 1, 2009 (RO 2009 1569).
RS 916.441.22 new content according to section I of the O from 8 Apr. 2009, in force since May 1, 2009 (RO 2009 1569).

Art. 28 animal products in the custody of the Customs Office when a batch of animal products remains in the custody of the Customs Office, the person subject to the obligation to report must:

a. keep a copy of the CVED accompanying the lot; (b) take note of the date of arrival of the batch at the Customs Office; etc. note the date of placement under customs or, if the customs tax is split, the dates of placement under customs regime.

If customs taxation is split, a certified copy of the CVED shall accompany each part of the lot. The person subject to the obligation to report must request this copy to the border veterinary Service, which gives it him on payment of a fee. This copy must be supplemented by information relating to the quantity or the revised weight.

Art. 29 control of the transport of the lots that pass through a Member State of the European Union to a third country the border veterinary Service informed by Traces the border inspection post where the batch will leave the territory of import or the European Union to third countries. Said post inspection informed the Swiss border of the departure of the batch of European Union Veterinary Service.
If the border veterinary Service has evidence making think that a lot has not left the territory of Switzerland or the European Union within the time prescribed, he shall inform the Customs Administration. It is investigating. If the export of the parcel of the territory of import or of the European Union cannot be proved, the FSVO shall inform the Member States of the European Union by which the lot should have transit.
When the supervisory authorities a notification from a border inspection post of the European Union concerning a batch for the territory of import, they confirm the arrival of the batch audit post inspection and inform him of the results of the checks they have carried out.

Art. 30 lots not conforming the import and transit are prohibited if controls reveal: a. that the lots do not import or transit conditions; b. the lots pose a risk to human or animal health; (c) that the conditions relating to the health status and food security that must be followed in the country of origin not were; d. that the veterinary certificate or the CVED is not conform to the requirements; Oue. as the border inspection post is not approved for the control of the category of animal products in question.

The border veterinary Service immediately ordered the measures needed to avoid that other batches suffer damage.

Art. 31 receiver the receiver border veterinary Service: a. animal products suspected of being vectors of an outbreak; b. animal products suspected, on the basis of clues, do not meet the conditions laid down by the legislation on animal diseases or food; OUC. animal products suspected of not match documentary data regarding their origin, their destination or guarantees about them.

It stores the animal products sequestered at the expense and risk of the person subject to the obligation to declare.
He then takes an action under art. 32 to 34 depending on the situation or release the batch. Before making his decision, he hears the person subject to the obligation to report; It can suppress the lot only with the agreement of the country of destination, unless this country is the country of origin.
If warranted, it may inform the competent cantonal authority or the authority of the country of destination that the lots were released and demand receiver.

Art. 32 discharge the border veterinary Service decided to repress animal products within the time that it will be fixed, but which may not exceed 60 days, if no pattern of legislation on animal diseases, the protection of animals or the food is opposed.

Art. 33 treatment the border veterinary Service may order: a. a treatment or a transformation to bring animal products in accordance with the provisions of the legislation on animal diseases or food; forgotten the source. one transformation for purposes other than animal or human consumption.

Only the methods permitted by the legislation on foodstuffs, with the one on pet food and one on epizootics can be used for treatment. The dilution is prohibited.

Art. 34 confiscation the border veterinary Service confiscates: a. animal products obviously spoiled or harmful to health or feed; b. animal products sequestered whose importation is prohibited and cannot be returned to the sender within the time limit; abandoned animal products etc.

The person subject to the obligation to report is required to eliminate animal products according to the conditions laid down by the border veterinary Service.
Abandoned animal products confiscated are delivered for disposal to the collector center designated by the canton. The Confederation shall reimburse to elimination in the canton.

Art. 35 costs the costs of the measures referred to in art. 31 to 34 are the responsibility of the person subject to the obligation to declare.

Section 6 provisions final art. 36 running A less that another authority was expressly charged, execution of art. 11 in accordance with the legislation on foodstuffs is the responsibility of the cantonal food control authority.

Art. 37 repeal of the law in force the order of 18 April 2007 on the import and transit of animal products by air from third countries is repealed.

[RO 2007 2755, 2008 2275 ch. II 5]

Art. 38 amendment of the law in force the change in the law in force is set in annex 2.

Art. 39 entered into force this order comes into force on October 1, 2008.

Schedule 1 repealed by chapter II of the O from 8 Apr. 2009, with effect from May 1, 2009 (RO 2009 1569).

State on 1 July 2015 annex 2 (art. 38) amendment of the law in force.

Mod. can be found at the RO 2008 4173.

State on July 1, 2015

Related Laws

2017 Food Act
2015 Food Act
2017 Food Act
2016 Food Act